Advance Care Directives Act 2013

1 Version: South Australia Advance Care Directives Act 2013. An Act to enable a person to make decisions and give directions in relation to their future health care, residential and accommodation arrangements and personal affairs; to provide for the appointment of substitute decision-makers to make such decisions on behalf of the person; to ensure that health care is delivered to the person in a manner consistent with their wishes and instructions; to facilitate the resolution of disputes relating to Advance care Directives ; to provide protections for health practitioners and other persons giving effect to an Advance care directive.

2 And for other purposes. Contents Part 1 Preliminary 1 Short title 3 Interpretation 4 References to provision of health care to include withdrawal etc of health care 5 References to particular forms of health care in Advance care Directives 6 Health practitioner cannot be compelled to provide particular health care 7 Impaired decision-making capacity 8 Application of Act Part 2 Objects and principles 9 Objects 10 Principles Part 3 Advance care Directives Division 1 Advance care Directives 11 Giving Advance care Directives 12 Provisions that cannot be included in Advance care Directives 13 Advance care

3 Directive not to give power of attorney 14 Giving Advance care Directives where English not first language 15 Requirements for witnessing Advance care Directives 16 When Advance care Directives are in force 17 Advance care directive revokes previous Advance care Directives 18 No variation of Advance care directive 19 Binding and non-binding provisions 20 Advance care directive has effect subject to its terms Division 2 Substitute decision-makers 21 Requirements in relation to appointment of substitute decision-makers 22 Substitute decision-makers jointly and severally empowered Published under the Legislation Revision and Publication Act 2002 1.

4 Advance Care Directives Act 2013 Contents 23 Powers of substitute decision-maker 24 Exercise of powers by substitute decision-maker 25 Substitute decision-maker to give notice of decisions 26 Substitute decision-maker may obtain advice 27 Substitute decision-maker may renounce appointment 28 Death of substitute decision-maker does not affect validity of Advance care directive Division 3 Revoking Advance care Directives Subdivision 1 Revoking Advance care directive where person competent 29 Revoking Advance care directive where person competent Subdivision 2 Revoking Advance care directive where person not competent 30 Application of Subdivision 31 Tribunal to be advised of wish for revocation 32 Revoking Advance care Directives where person not competent Part 4 Recognition of Advance care Directives from other jurisdictions 33 Advance care Directives from other jurisdictions Part 5 Giving effect to Advance care Directives 34 When things can happen under an Advance care directive 35 Substitute decision-maker to give effect to Advance care directive 36 Health practitioners to give effect to Advance care Directives 37 Conscientious objection 38 Consent etc

5 Taken to be that of person who gave Advance care directive 39 Consent taken to be withdrawn in certain circumstances Part 6 Validity and limitation of liability 40 Presumption of validity 41 Protection from liability 42 Validity of acts etc under revoked or varied Advance care directive Part 7 Dispute resolution, reviews and appeals Division 1 Preliminary 43 Interpretation 44 Application of Part Division 2 Resolution of disputes by Public Advocate 45 Resolution of disputes by Public Advocate 46 Public Advocate may refer matter to Tribunal 46A Public Advocate may refer question of law to Supreme Court Division 3 Resolution of disputes by Tribunal 47 Tribunal to give priority to wishes of person who gave Advance care directive 48 Resolution of disputes by Tribunal 49 Tribunal may refer matter to Public Advocate 50 Failing to comply with direction of Tribunal 51 Orders of Tribunal in

6 Relation to substitute decision-makers 2 Published under the Legislation Revision and Publication Act 2002. Advance Care Directives Act 2013. Contents Division 4 Urgent review by Supreme Court of substitute decision-maker's decision 52 Urgent review by Supreme Court Division 5 Reviews and appeals 53 Reviews and appeals Part 7A Special provisions relating to Tribunal 54 Tribunal must give notice of proceedings 54A Reasons for decisions 54B Representation of person who is subject of proceedings Part 8 Offences 55 False or misleading statements 56 Fraud, undue influence etc Part 9 Miscellaneous 57 Giving notice to substitute decision-makers 58 Prohibition of publication of reports of proceedings 59 Service of documents 60 Victimisation 61 Confidentiality 62 Review of Act 63 Regulations Schedule 1 Transitional provisions Part 8 Transitional provisions 32 Transitional provisions relating to anticipatory directions under Consent to Medical Treatment and Palliative Care Act 1995.

7 33 Transitional provisions relating to medical agents under Consent to Medical Treatment and Palliative Care Act 1995. 34 Transitional provisions relating to other instruments continued under Consent to Medical Treatment and Palliative Care Act 1995. 35 Transitional provisions relating to enduring guardians under Guardianship and Administration Act 1993. 36 Only 1 Advance care directive to be created 37 disputes Legislative history The Parliament of South Australia enacts as follows: Part 1 Preliminary 1 Short title This Act may be cited as the Advance Care Directives Act 2013. Published under the Legislation Revision and Publication Act 2002 3.

8 Advance Care Directives Act 2013 Part 1 Preliminary 3 Interpretation (1) In this Act, unless the contrary intention appears . Advance care directive means an Advance care directive given under this Act that is in force (and includes, where the context requires, a reference to the Advance care directive form in relation to a particular Advance care directive);. Advance care directive form means the form for giving Advance care Directives approved by the Minister from time to time and published in the Gazette;. binding provision of an Advance care directive see section 19;. decision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013.

9 Health care means any care, service, procedure or treatment (including medical treatment) provided by, or under the supervision of, a health practitioner for the purpose of diagnosing, maintaining or treating a physical or mental condition of a person;. Note . See also section 4. health practitioner means a person who practises 1 or more of the following: (a) a health profession (within the meaning of the Health Practitioner Regulation National Law (South Australia));. (b) any other profession or practice declared by the regulations to be included in the ambit of this definition.

10 Impaired decision-making capacity, in relation to a decision see section 7;. internal review means a review under section 70 of the South Australian Civil and Administrative Tribunal Act 2013;. life sustaining measures has the same meaning as in the Consent to Medical Treatment and Palliative Care Act 1995;. medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);. medical treatment means the provision by a medical practitioner of physical, surgical or psychological therapy to a person (including the provision of such therapy for the purposes of preventing disease, restoring or replacing bodily function in the face of disease or injury or improving comfort and quality of life) and includes the prescription or supply of drugs.